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Organ Donation in Illinois

Donating your organs in the event of your death can be as simple as completing the organ donation form on the back of your Illinois driver's license. Nevertheless, organ donation in Illinois is governed by the Uniform Anatomical Gift Act, and there are certain issues of which you should be aware. Under the law, you must be at least 18 years old and of sound mind to donate all or a part of your body after your death.

You may make plans for organ donation prior to your death by executing a will or a written signed document other than a will, including the form on the reverse side of your driver's license. The document must be signed by you in the presence of two witnesses who certify that you were of sound mind and free from undue influence when you signed the document. The will or document may designate a specific person or institution you wish to receive the anatomical gift. Your gift is effective upon your death and no further consent need be obtained.

If you do not donate your organs in your lifetime as described above, then a member of your family may consent to donate your organs after you have passed away. For purposes of giving consent under this Act, your family members are divided into classes of persons as follows: (1) your spouse; (2) your adult children; (3) either of your parents; (4) any of your adult brothers or sisters; (5) your guardian at the time of your death; and (6) any person authorized or obligated to dispose of your body. A person may make an organ donation on your behalf only if no person in a prior class is available. These persons may consent to make a gift only if you have not expressed contrary intentions of which they are aware and no other persons in this class of persons objects to such a donation. You should discuss such matters as organ donation with your close family members so they clearly understand your intentions in the event that they are in the position of making such a decision on your behalf.

This website is not intended to constitute legal advice or the provision of legal services. By posting and/or maintaining the website and its contents, Lucas Law does not intend to solicit business from clients located in states or jurisdictions outside of Illinois wherein Lucas Law or its individual attorney(s) are not licensed or authorized to practice law.

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